1 2025:CGHC:51144 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8186 of 2025 Karan Kumar Rathore S/o Anil Kumar Aged About 28 Years R/o Village Gatora, P.S. Masturi District - Bilaspur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Police Station Masturi, District Bilaspur Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Bharat Sharma, Advocate For Respondent(s) : Mr. Hariom Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.10.2025 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 464/2024 registered at Police Station Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5), 109 of the BNS, 2023. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant namely Lata Vastrakar had made complaint before the concerned police station alleging that on the date of incident i.e. 12.09.2024 the complainant's brother namely Suresh Vastrakar was returning from Gatora to Bilaspur and at that time, the accused persons have come there and they have stopped him and quarreled with him thereafter forcefully took the key of his motorbike. It was alleged that the accused persons started hurling abuses to Suresh Vastrakar and subsequently assaulted him with a stick on his head because of which Suresh Vastrakar received injuries on his head, based upon the complaint, the concerned police has been registered the case against the applicant and his brother (Co- accused) for the offence under Sections 296, 351(2), 115 (2), 109, 3(5) of B.N.S., 2023. 3. Learned counsel for the applicant submits that the first bail application of the applicant was rejected by this Court on merits vide order dated 30.07.2025, therefore this second bail application is filed on the ground that since the injured witnesses have turned hostile before the learned trial Court, charge-sheet has already been filed in the present case and the applicant is in jail since 17.04.2025, hence, he prays for releasing the applicant on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant along with co-accused assaulted the injured person by stick on his head on account of 3 which the injured person received grievous injuries on his head and as per the MLC report of the injured, goes to show that his partial bone was also fractured. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the above submissions made by the learned counsel for the parties, as the injured witnesses have turned hostile, the same cannot be a ground for releasing the applicant on bail as the same amounts to only tampering with the evidence. 7. From perusal of the records, it transpires that this is the second bail application of the applicant and first bail application of the applicant was rejected by this Court vide order dated 30.07.2025 in MCRC No. 5965 of 2025 on the ground that the applicant along with co-accused assaulted the injured person by stick on his head on account of which the injured person received grievous injuries on his head. As such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the second bail application of the applicant- Karan Kumar Rathore, involved in Crime No. 464/2024 registered at Police Station Masturi, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2), 115(2), 3(5), 109 of the BNS, 2023, is rejected at this stage. 4 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil